Massachusetts DUI Attorney Blog

Statistics show that DUI fatality rates have declined in 40 states. The DUI statistics show that strict enforcement of DUI laws have resulted in a reduced fatality rate. The study indicates that eight states, including Connecticut and the District of Columbia saw a decline in DUI homicide and or death cases by twenty percent or more. Maryland ranks as among the states with the lowest rate of DUI death cases in United States. Massachusetts DUI fatality rates also declined according to the study.

In three states, DUI homicide cases stayed the same while seven states saw an increase in the rate of DUI death cases, including Rhode Island. The Transportation Secretary Ray LaHood announced a seven million dollar advertising campaign to warn drivers against the dangers of drinking and driving.

The New York legislature is considering passing a child endangerment statute similar to the one adopted by the Massachusetts legislature. Under Massachusetts OUI law, Chapter 90 Section, 24V, any OUI charge while a child is present in the car who is under 14 will result in a motorist being charged with OUI child endangerment. This offense is taken very seriously by Massachusetts judges and could result in the imposition of jail time and will result in a one year loss of a Massachusetts driver's license upon conviction.

The legislation contemplated in New York would make an DUI child endangerment a felony offense. Additionally, the New York legislature is contemplating requiring the ignition interlock device after a first offense DUI conviction.

A Chicago police officer is alleged to have fabricated DUI charges. According to the news accounts, the officer Richard Fiorito allegedly fabricated DUI charges against gay motorists. Fiorito's conduct came to light as a result of police car cameras contradicting his police report stating that the operator was driving erratically. The officer fabricated DUI charges in order to earn greater overtime pay as a result of having to testify in court.

While most police officers are honest, some police officer do overstate their observations to justify a DUI arrest and support a conviction in court. A Massachusetts DUI attorney can challenge the officers statements through cross examination to contest the officer's allegations in the police report.

Continue reading "officer's false DUI police report confirms the importance of hiring an experienced Massachusetts OUI lawyer " »

A DUI summit was conducted in Missouri regarding efforts to increase DUI penalties. Massachusetts OUI laws are always being made harsher by the legislature and trends in other states will put pressure on the Massachusetts legislature to revisit and increase DUI penalties. The potential for increased DUI penalties is a primary reason to carefully consider hiring an experienced Massachusetts OUI lawyer to defend your case.

Recent studies continue to demonstrate a growing national trend of a greater number of DUI arrests involving women. As a Massachusetts DUI lawyer, some cross examination techniques and points of emphasis at trial work better when defending a female motorist. While it is difficult to generalize, a female motorist may feel a greater sense of nervousness performing field sobriety tests on the side of the road in front of a male police officer.

Additionally, in some cases, a female motorist may not be dressed appropriately to perform these balance and coordination tests, rendering the results useless. Though officers should let a female motorist remove high heel, performing a one leg stand or walk and turn bare foot on the side of the road is an unfair test. Despite these facts, of nervousness and unfair conditions which can be amplified when women are stopped for DUI, officers generally do not allow female motorists, or any motorist, the opportunity to retake field sobriety tests at the police station, where weather will not influence the results, traffic conditions and where the tests can be recorded.

Continue reading "DUI Statistics show increase in DUI arrests in Massachusetts for women. " »

The star of The Hills, Stephanie Pratt was arrested for DUI in Hollywood, California. According to news accounts, it appears that Pratt has a strong case as the news reports from the officers state that it was a basic DUI arrest and that Pratt was polite and cooperative at the scene.

A successful DUI defense in Massachusetts involves emphasizing all of the normal and appropriate actions of the motorist. Most officers will acknowledge that some drunk drivers are uncooperative and belligerent and have sharp mood swings. A driver that is polite and cooperative with the police, shows normal reaction to the situation, demonstrates characteristics that are consistent with sobriety. While a good demeanor alone will not ensure an acquittal, it is an example of a normal response of the motorist that is inconsistent with someone under the influence.

Generally, officers fail to mention anything in the police report during booking and in making the arrest. At booking an officer will have significant time to observe a DUI suspect and the lack of any observations regarding impairment undermine the opinion made at the scene that the driver was under the influence.

Continue reading "Successful Massachusetts DUI defense and polite and cooperative demeanor" »

Three company star Joyce DeWitt was charged with DUI in California. Like Massachusetts a person arrested for DUI in California can be charged under two theories, one known as a per se theory prohibits a driver from operating a motor vehicle with a breath alcohol reading of .08 or greater while the other prohibits a motorist from operating a motor vehicle when impaired by alcohol. Massachusetts OUI law refers to these theories like California as an impairment prong, based on field sobriety tests and officer observations and a per se prong which is based on a breathalyzer reading. In Massachusetts a breathalyzer reading taken within three hours of driving is presumed to reflect the breath alcohol reading at the time of driving unless other circumstances can show that a lesser period of time is reasonable under the circumstances.
If a person is found guilty of a Massachusetts DUI, the potential penalties are the same regardless of which theory the Government pursues. Generally, the Commonwealth proceeds under both theories if a breathalyzer test is taken by the motorist.

Continue reading "DUI CHARGE BROUGHT AGAINST FORMER STAR OF THREE'S COMPANY" »

Former University of Kentucky basketball coach, Billy Gillispie was charged with DUI this week. Gillispie was charged in Kentucky and has twice been arrested for DUI once in Oklahoma and once in Texas according to news reports. In the Oklahoma case, Gillispie avoid a DUI conviction by accepting a plea to a lesser charge.

In Massachusetts, the importance of avoiding DUI convictions is extremely important as Massachusetts has a lifetime look back for all prior DUI offenses that include convictions in other states. Accordingly, any time a motorist is arrest for DUI in Massachusetts the offense level is based on all prior DUI convictions regardless of whether or not they occur in Massachusetts. Sometimes the district attorney's office is not aware of an out of state conviction or cannot prove an out of state conviction at trial, but even if the charge is treated as a lesser DUI offense in the court, the Registry of Motor Vehicles will go by its own records of prior DUI convictions.

Generally, the only way to avoid a DUI conviction in Massachusetts is to proceed to trial as it is rare for a district attorney to agree to dismiss or reduce an OUI charge to a lesser offense of negligent operation. Even if a breathalyzer is below the legal limit of .08, most Massachusetts OUI defends will be forced to proceed to trial in order to obtain an acquittal on the charge as district attorneys generally have a policy against reducing or dismissing an OUI charge.

Continue reading "Former University of Kentucky basketball coach charged with DUI" »

In Massachusetts, as in other states, legislation to ban sending text messages while driving and cell phone use while driving is being considered in light of studies showing that sending text messages while driving is more dangerous than drunk driving. Legislatures are considering other factors that distract a drivers attention and contribute to negligent operation and reckless operation of a motor vehicle, causing accidents.

Continue reading "Texting while driving more dangerous than DUI in Massachusetts " »

According to a recent article, DUI arrests are on the rise for women. As a Massachusetts DUI lawyer, there are different ways to defend a case when a women is arrested for DUI. While field sobriety tests are unfair for all drivers, they can be particularly unfair for women. Police training on conducting the nine step walk and turn and one leg stand requires that an officer provide women with high heels of two inches or more the opportunity to take off their shoes. The choice is either to do the test barefoot on the uneven and rough pavement or in shoes that make balancing more difficult. When given to women under these circumstances, the tests are designed for failure. Officers generally do not give a motorist a second opportunity to take field tests at the station under fair conditions.

In addition to clothing and footwear that can make field coordination tests more challenging, breathalyzer testing has shown to have a discriminatory impact on women. Further, women may feel a greater sense of nervousness and anxiety when pulled over by a male police officer that could result in the officer interpreting signs of nervousness as signs of impairment. Often, a police report will state that a female motorist fumbled to get their license from their wallet. While often this is caused by nervousness and anxiety, police officers testify at trial that this is a sign of impairment.

Continue reading "DUI arrests increase for women" »

Mothers Against Drunk Driving, MADD, an organization dedicated to curbing drunk driving nationally and in the Commonwealth of Massachusetts, has criticized President Obama for hosting what became known as the "beer summit" to mend fences between Sergeant Crowley and Professor Gates.

A spokes person for MADD said that the idea of having a beer to soften the dispute between the professor and the officer was not a good idea because young people tend to mimic the actions of adults. In Massachusetts as in every state, it is not illegal to consume alcoholic beverages and drive.

In a Massachusetts OUI charge, the issue is whether the consumption of alcohol diminished a driver's ability to operate a motor vehicle safely. When someone is stopped for DUI, the officer's observations generally fall into standard categories: driving ability, ability to respond appropriately to questions, demonstrating mental alertness and physical coordination as demonstrated by field sobriety tests. Also, the officer will judge a suspects mental alertness by whether or not the individual listens to instructions on field sobriety tests and starts the tests when told to do so.

In many DUI arrests, a motorist will admit to consuming alcohol; however, typically the Commonwealth cannot establish the time of consumption. An individual charged with a Massachusetts DUI based on admissions to drinking may have a strong case as the Commonwealth cannot prove a DUI case based on admissions to consumption of alcohol alone without demonstrating that the alcohol actually impaired a drivers ability to operate a motor vehicle safely.

Continue reading "Drunk Driving organization criticizes "beer summit"" »